Morton v. Clark
Massachusetts Supreme Judicial Court
Contract for alleged breach of a contract in writing by which the defendants agreed to ship to the plaintiff about forty thousand sides of leather, the entire product of the defendants’ tannery, in weekly shipments for ten successive weeks, at certain prices named for the different kinds, the quantity of each kind being stated, and the writing being signed by the defendants.
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Contract for alleged breach of a contract in writing by which the defendants agreed to ship to the plaintiff about forty thousand sides of leather, the entire product of the defendants’ tannery, in weekly shipments for ten successive weeks, at certain prices named for the different kinds, the quantity of each kind being stated, and the writing being signed by the defendants. Writ dated January 23, 1895. At the trial in the Superior Court before Lawton, J., without a jury, the judge found for the plaintiff in the sum of $5,000; and the defendants alleged exceptions.
1Opinion of the CourtKnowlton, J.
This action is brought to recover damages for the breach of an executory contract for the sale of merchandise, of which a memorandum in writing was signed by the defendants. The plaintiff declared on the memorandum as a contract in writing, and not on an oral contract of which the writing is a memorandum. He is bound by his declaration, and he cannot object to treatment of the memorandum as a contract in writing. The defendants stood on their rights under the pleadings, and requested the ruling, “ that the plaintiff cannot maintain the action on the pleadings.” The writing gives the…
2Cases cited2 opinions
- Stephenson v. CadyMassachusetts Supreme Judicial Court · 1875
- Star Glass Co. v. MoreyMassachusetts Supreme Judicial Court · 1871
3Cited by10 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
- Spevack v. BudishMassachusetts Supreme Judicial Court · 1921
- National Contracting Co. v. Vulcanite Portland Cement Co.Massachusetts Supreme Judicial Court · 1906
- Morton v. ShawMassachusetts Supreme Judicial Court · 1906
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